Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

Category: Medical Providers (Page 12 of 18)

L&I Pension – Permanent Total Disability

An L&I pension is an important benefit after a serious work injury. For example, a catastrophic work injury or occupational disease can make work injury victims unemployable.  Here, unemployable means that the person is unable to “perform or obtain a gainful occupation with a reasonable degree of success and continuity”.  If medical treatment or vocational services cannot make the person employable, then the work injury claimant is permanently and totally disabled.  If you have an L&I claim or workers’ compensation claim, and you are permanently totally disabled, then you are entitled to “L&I pension” benefits under your claim.

 

L&I pension payments

When the Department of Labor and Industries (L&I) places a work injury claimant on L&I pension, then their L&I claim is closed. However, the injured worker receives L&I pension benefits for the rest of their life, so long as they remain unemployable.  L&I pays out pension benefits monthly, around the 15th of each month.  The amount depends on the worker’s salary and wages at the time of injury.  Furthermore, if the worker is married, then he or she can choose for their spouse to get survivor benefits. Simply put, “survivor benefits” means that if the work injury claimant passes then their spouse will receive the pension benefits. Under certain circumstances, this choice may also impact the monthly L&I pension amount.

 

Permanent total disability and L&I pension

There are many factors to consider when determining whether a work injury claimant is permanently and totally disabled.  These factors include the following considerations, among others:

1) The worker’s work pattern at the time of injury – part-time employment, full time, seasonal worker, and so on.

2) Whether the work-accident, injury, or work-related illness cause the permanent physical or mental limitations.

3) Were there any preexisting permanent (physical or mental) limitations?

 

 

4) The person’s wage-earning capacity.

5) The local labor market.

6) The worker’s strengths and weaknesses.

7) The work injury claimant’s age, education, training, and experience.

 

Based on these factors, L&I may consider the workplace injury claimant as permanently and totally disabled.  Even if a person is not physically or mentally helpless, they can still fall under the qualifications. However, we have to remember that an injured worker doesn’t have permanent total disability just because they cannot return to their former job. In fact, if the worker can perform or obtain any gainful work with success and continuity, then they are employable.

 

Employability: Are you employable?

The Department of Labor and Industries places great value on employability, for a variety of reasons.  From my perspective, there are some issues with how L&I views and evaluates employability. In my opinion, saying that someone is employable on paper is not the same as how things manifest themselves in the real world. Furthermore, it’s not uncommon for employability determinations to be based on erroneous or insufficient medical or vocational evidence.

 

Getting L&I pension help from an L&I attorney

As I see it, most people with a workers’ compensation claim recover from their injuries or illness and return to work. However, there are many individuals with L&I claims that need assistance to return to work.  Comparatively, only a small number of workplace injury claimants have permanent and total disability. If you have an L&I claim or a workers’ compensation claim, and the claim administrator is saying you are employable when you are not, then you should immediately speak with a workers’ compensation attorney.

Can L&I Make Me Transfer to Another Doctor For My L&I Claim?

In a work injury claim or an occupational disease claim, the attending provider (AP) refers to a person that has a license to practice medicine or a similar field. For example, attending physicians can practice general medicine, surgery, osteopathic medicine, or chiropractic medicine. They can also be a naturopathic physician, podiatrist, dentist, or optometrist. Interestingly, the attending provider can be an advanced registered nurse practitioner (ARNP). From an L&I claim standpoint, the attending provider actively treats people after a work injury under their workers’ compensation claim. And, they must be a member of the L&I Medical Provider Network (MPN) and adhere to certain L&I rules.

 

Can I choose my own doctor for my L&I claim?

Under the Medical Aid Rules of the Industrial Insurance Act, a person with a workers comp claim may freely choose or find their attending provider. Furthermore, WAC 296-20-065 outlines L&I’s policy for transferring to another attending provider. With certain exceptions, there’s no reason for a claim manager to deny the request to transfer to a different physician. However, if L&I denies the request, then they must provide the reason for the denial.

 

Transferring to another doctor or attending provider

As an attorney representing work injury claimants, I work hard to ensure my clients are happy with their attending provider. That means they can treat with a doctor that they choose and are comfortable with. However, as with everything else, nothing is set in stone. There are times when a work injury claimant must transfer to a different attending provider.

 

Specifically, WAC 296-20-065 allows the Department of Labor and Industries (L&I) or third-party administrator (TPA) to require an attending provider transfer. Explicitly, there are several situations that require transferring to another doctor:

1)         If better physicians are available closer to the injured worker, and travel to the current doctor is impacting worker’s recovery.

2)         When the current attending provider fails to follow L&I rules or guidelines.

3)         If the work injury claimant is temporarily and totally disabled and is not making reasonable progress towards recovery and return to work.

4)         The work injury claimant needs special treatment that the current attending physician is unable to render. Alternatively, the treatment may be outside the scope of the provider’s license to practice.

 

Important final remarks

To summarize, L&I or a third-party administrator can find that a transfer to another provider is necessary. When they do, if the workplace injury claimant fails to change his or her provider, or delays the process, then L&I may select the provider for them. Therefore, it’s very important for people with a workers’ compensation claim to get a good AP from the start. Make sure you are treating with a provider that has the appropriate qualifications and is easily accessible to you. Remember, that person must follow all the rules concerning your L&I claim. Finally, keep in mind that the job of the provider is to implement treatment plans and help you recover and get to maximum medical improvement.

 

Medical-Only L&I Claim and Workers’ Compensation Claim in Washington State

Sometimes claims for workplace injury are called “medical only” claims. Often, work injury claimants do not understand what it means to have this kind of claim. Yet, it’s important to understand the difference between “medical only” workers’ compensation claim versus “compensable claim”. It is important because the type of claim impacts the benefits you might receive. Hence, if your L&I claim has the wrong type, then you might miss out on important benefits.

 

What is a “medical only” workers’ comp claim?

As the name suggests, when an L&I claim is medical-only, then L&I or the self-insured employer only pays for medical expenses. Therefore, you don’t receive other benefits such as time-loss compensation, loss of earning power, or permanent partial disability. You also can’t get total permanent disability or death benefits.  When a workers’ compensation claim pays out these other benefits, it is called “compensable claims”.

 

From my perspective, “medical only” claims are appropriate when doctors can treat the workplace injury or occupational disease quickly. Practically, this type of L&I claim works when there’s no interruption to your employment or wage-earning ability. For example, a workplace accident claimant who sustains a cut at work may need urgent medical attention. The person is rushed to the hospital to clean and bandage or suture the wound. If all goes well, the injured worker may miss less than a day of work. The injury will heal, and it will have no limiting impact on the worker’s ability to do their job. Under these circumstances, a “medical only” workers’ comp claim is appropriate. The insurance covers the medical expenses for the work injury. From here, there’s no need for other benefits under the claim.

 

Employer tactics under a workers’ compensation claim

People that suffer an injury at work should know that L&I provides incentives to employers with no claims (or with “medical only” claims). Businesses that prevent workplace injury occurrences earn a “claim-free discount” from L&I. Here, the condition is to not have a “compensable claim” during a 3-year period. Employer discounts range anywhere from 10-40% off the base rate for their business. Consequently, some businesses and employers go to great lengths to ensure zero compensable claims on record.

 

Some employers reduce compensable workers’ comp claim volumes by increasing workplace safety. Others provide employees with accommodations and flexibility to not interrupt the worker’s employment. I applaud such employers because it’s a win for both the worker and the employer.

 

Unfortunately, some employers try to limit compensable claims unfairly, to the detriment of the worker. In these cases, employers can argue that injuries are less significant than they are. Another strategy is when the employer creates a job to keep the work injury claimant working, regardless of their medical condition. For example, some people have been paid their regular salary to watch safety videos while recovering from injuries. This isn’t necessarily a bad thing, unless the employer has ulterior motives.  For example, when employees have a workers’ compensation claim, some employers work hard to find basis to fire the work-injury claimant for cause. When an employer fires a person with a workers’ comp claim for cause, they are not eligible to receive benefits like time-loss compensation benefits.

 

Summary and conclusion

To summarize, a medical-only workers’ compensation claim is appropriate after a simple injury at work. Remember, such workplace injury must not have long term impact on your physical abilities or future employment. However, if you suffered a more severe illness or injury, then the Industrial insurance Act (RCW 51) providers other claim benefits. Moreover, these other benefits are important when your work injury has real impact on your functioning and employability.

 

 

« Older posts Newer posts »